8UTHERLAND ». STRAW. 279 �and on the twenty-sixth of December last varions documents were executed between them; six being made by the com- plainants, in completing such settlement, and two by the respondents. By one the complainant, ■with Chapin and E. B. Loring, in consideration of $8,000, released to Straw all of lot 15, with aU machinery and fixtures connected -with the quarries. �This deed was recorded January 13th. Sutherland also executed at the same time an assignment to Straw of all claims or causes of action in a certain biU in equity pending in the circuit court for the Massachusetts district. No. 1,273, against Abel Howe and others, with all right to any sums of money to be realized from said bill in equity. By the same instrument the complainant sold, assigned and transferred unto Straw all rights, claims, demands, actions or causes of action against both of the respondents in this bill in equity, now before this court, No. 216, together with all sums of money, benefits or advantages which can or may be obtained by reason of said bill in equity, and also assigned, sold and transferred unto Straw all rights, claims, demands, actions or causes of actions which he might have against said Albert W. Chapin in a certain action instituted by him against Chapin, October 7, 1879, and all sums of money, etc., which can or may be obtained by virtue of said suit. By the same inetruments Sutherland constituted Straw his attorney irrev- ocable to prosecute, compromise, re-assign or discharge said bills in equity, suits, writs, or to consent to the entry of any and all judgments, orders or decrees thereon that he may desire, and to appoint other attorneys with like authority, savingi said Sutherland harmless from all costs or damages ; and the instrument concluded by a covenant on the part of Sutherland to deliver up to Straw all letters, papers, deeds, etc., relating to the matters thus assigned to him. �The third instrument thus executed was a general release by Sutherland of Chapin and Straw from all causes of ac- tion, claims or demands, excepting a note of Chapin for $500. The uext instrument. No. 4, was complainant'a transfer and assignment to Straw of all causes of action ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/286
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